U.S. Citizenship and Immigration Services (USCIS) has reformed how survivors of domestic abuse must prove eligibility for naturalization, shifting to a more rigorous, “totality of the circumstances” Good Moral Character (GMC) standard and requiring primary evidence in Violence Against Women Act (VAWA) self-petitions. The result, effective Thursday, January 1, 2026, is a tougher path to citizenship for many VAWA self-petitioners—one that asks for more documents up front and places more weight on conduct that never led to a conviction.
Two policy moves drive the change. One targets VAWA filings directly. The other reshapes how USCIS judges character for citizenship.
What changed for VAWA self-petitioners: evidence expectations
A December 22, 2025 USCIS policy alert and Newsroom release—“USCIS Restores Integrity to the VAWA Domestic Abuse Program After Finding Rampant Fraud”—updates guidance in the USCIS Policy Manual, Volume 3, Part D (VAWA). The agency framed the update as an integrity effort and tied it to fraud screening work.
For applicants, the practical change is straightforward: it is now harder to file a VAWA self-petition without primary evidence. Primary evidence generally means official documents created at or near the time of the event.
In many VAWA self-petitions, USCIS now expects primary evidence that supports a “good faith marriage,” including:
- A legally valid marriage certificate
- Proof that all prior marriages were legally terminated (for example, divorce decrees or death certificates)
This shift particularly affects survivors whose abusers controlled paperwork, destroyed records, or blocked access to identity documents. Under the updated approach, USCIS may still consider other evidence in some circumstances, but the baseline expectation is clearer: submit primary evidence when it should exist.
A related procedural change: USCIS removed prior language that said the agency would not deny a VAWA self-petition solely for a failure to submit certain evidence of GMC. With that “failure to submit” protection removed, the burden of proof sits squarely on the applicant from the first filing.
What changed for naturalization: the “totality of the circumstances” GMC evaluation
Naturalization evaluates not only whether a person avoided certain crimes but whether the person has good moral character during the statutory period and, in some cases, beyond it. USCIS now directs officers to apply a wider lens.
A USCIS policy memorandum dated August 15, 2025 restored a rigorous GMC evaluation standard in USCIS Policy Manual, Volume 12, Part F. The memo instructs officers to use a “totality of the circumstances” approach rather than a narrow check-the-box method focused only on convictions.
Compare the two tests:
- Mechanical test:
– Asks: “Did the applicant get convicted of a disqualifying offense?”
2. Totality test:
– Asks: “Do the facts, taken together, show the applicant meets community standards?”
Under the August 15, 2025 framework, “unlawful acts” can become red flags even without a conviction. Domestic violence is particularly relevant because VAWA cases often involve complex household histories, police calls, protection orders, and competing allegations. A naturalization officer may look for:
- Inconsistencies in statements or documentation
- Nondisclosure of relevant incidents
- Conduct suggesting the applicant falls short of the “average citizen” standard described in policy
This expanded discretion does not mean every allegation leads to denial, but it does give USCIS more room to question character based on the full record.
Why the two changes interact
Many VAWA self-petitioners file multiple applications over time: a VAWA-based immigration benefit first, then naturalization later. The December 22, 2025 VAWA update tightens what must be proven and documented early, while the August 15, 2025 naturalization memo widens what USCIS can weigh later.
Consequences of this interaction:
- A file built with gaps, missing primary evidence, or unclear timelines may create problems at the citizenship stage, even if earlier filings were approved.
- A naturalization filing can prompt USCIS to re-examine older claims and conduct.
- Time increases risk: extended adjudication can produce new records, arrests, or allegations that affect GMC.
The totality-of-circumstances GMC standard can treat non-conviction conduct as a red flag. Inconsistencies, nondisclosures, or new allegations during adjudication may slow your case or lead to denial.
⚠️ Important: The burden of proof now rests on the applicant to establish good moral character from the outset, with potentially extended processing times and heightened scrutiny.
Policy milestones and effects (summary table)
| Policy / Date | What Changed | Direct Impact on VAWA Self-Petitioners |
|---|---|---|
| August 15, 2025 | USCIS restored a rigorous GMC evaluation in USCIS Policy Manual Volume 12 Part F, using a “totality of the circumstances” approach and emphasizing conduct beyond convictions. | Naturalization officers may scrutinize “unlawful acts” and credibility issues more broadly, including conduct that did not result in a conviction. |
| December 22, 2025 | USCIS updated USCIS Policy Manual Volume 3 Part D (VAWA), removed the “failure to submit” protection tied to GMC evidence, and emphasized primary evidence for key VAWA elements. | Applicants may face more Requests for Evidence (RFEs) and denials if primary documents (like marriage certificates or divorce decrees) are missing. |
| January 1, 2026 | DHS and USCIS implemented the updated posture across filings, pairing VAWA integrity work with tighter naturalization screening. | Survivors seeking citizenship after VAWA relief may see longer adjudications, higher document demands, and greater risk if USCIS finds GMC concerns. |
The enforcement posture: fraud screening and NTAs
USCIS and the Department of Homeland Security (DHS) paired these standards with a stronger fraud and enforcement stance.
- One operational tool is Operation Twin Shield, a specialized screening effort focused on fraud indicators in VAWA filings.
- DHS reported that between 2020 and 2024, VAWA self-petitions rose by 360%, alongside a 2,239% increase in parent-based claims. These figures were cited as justification to intensify screening.
Enforcement shows up in another way: a denied benefit can sometimes lead to a Notice to Appear (NTA), which initiates removal proceedings in immigration court. Removal proceedings differ from USCIS adjudication of naturalization—removal is litigated before an immigration judge—but the linkage matters for applicants deciding whether and when to file.
Processing delays and RFEs: applicant experiences
Increased evidence requests usually mean more time. Reports tied to VAWA-related filings describe:
- Higher RFE activity
- Delays that can exceed 44 months in some cases, especially when USCIS issues checklist-style RFEs and requires primary documents that are hard to obtain
Extended adjudication can change the record: new arrests, new allegations, new relationships, or new records may arise during long processing times, and those developments can affect GMC determinations.
Legislative pressure in the background: H.R. 30
Policy changes are occurring against a backdrop of legislative proposals. In January 2025, lawmakers introduced the “Preventing Violence Against Women by Illegal Aliens Act” (H.R. 30). One notable feature is an expanded domestic violence concept that includes a “pattern of coercive behavior.”
If enacted and applied in enforcement settings, broader statutory definitions could:
- Increase exposure to inadmissibility or removal in some scenarios
- Expand the set of facts an officer may treat as disqualifying or concerning, particularly where histories include contested domestic incidents, cross-complaints, or ambiguous police narratives
Where to read the rules USCIS officers use
USCIS publishes controlling public guidance in the Policy Manual and in Newsroom alerts. Key pages include:
- USCIS Policy Manual, Volume 3, Part D (VAWA)
- USCIS Policy Manual, Volume 12, Part F (Citizenship / GMC)
- USCIS Newsroom alert (December 22, 2025)
USCIS has overhauled the naturalization and VAWA self-petition process by introducing a ‘totality of the circumstances’ test for Good Moral Character. Starting January 2026, applicants must provide primary evidence for marriage and legal status, shifting the burden of proof entirely to the petitioner. These changes respond to a massive increase in filings and fraud concerns, resulting in more rigorous screening and significantly longer adjudication delays.
